CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Japanese aviation authority (JCAB) issued AD 3374-91, affecting BK 117 helicopters, in 1991. Japan is the State of Design for this helicopter type. CASA has reviewed the equivalent Australian AD to ensure it matches 3374-91, and as a result has decided to amend it. The amended AD, AD/JBK 117/4 Amendment 1, will become effective on 27 August 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation within Australia, including the regulation of air navigation and aircraft safety. This Act provides the legal framework for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs). ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft, and they reflect Australia's obligations under the Convention on International Civil Aviation. The AD for BK 117 helicopters, amended on 27 August 2009, is an example of how CASA mandates airworthiness requirements based on directives from the State of Design, in this case Japan. The AD process is governed by the requirement that CASA, as Australia's national airworthiness authority, must align with international standards and practices, thus ensuring compliance with global aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives in Australia, ensuring the safety of air navigation. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue such directives for specified types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and are integral to maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, which holds primary responsibility for an aircraft type, must provide necessary information to ensure its airworthiness, which the State of Registry then adopts and enforces. In the case of BK 117 helicopters, following an airworthiness directive issued by Japan, CASA has reviewed and amended the corresponding Australian directive to align with international standards and obligations under the Convention on International Civil Aviation. This process ensures that the Australian AD meets the necessary safety requirements and reflects any international changes mandated by the State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft by mandating specific safety requirements (subsection 39.001(5)). As a legislative instrument, an AD is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is regulated by the Legislative Instruments Act 2003. The AD in question, AD/JBK 117/4 Amendment 1, pertains to BK 117 helicopters and will come into effect on 27 August 2009. This amendment is a response to AD 3374-91 issued by the Japanese Civil Aviation Bureau (JCAB) in 1991, with Japan being the State of Design for this helicopter type.
The obligations under this Act require CASA, as Australia’s national airworthiness authority, to review and, if necessary, issue corresponding ADs to maintain the safety standards stipulated by the State of Design. Specifically, CASA must assess the AD issued by the JCAB and determine if it is applicable to aircraft registered in Australia. Should CASA deem it necessary, it must issue an Australian AD that enforces the requirements of the original AD. This ensures that Australian operators of BK 117 helicopters adhere to the safety measures mandated by the JCAB.
The AD imposes several obligations on the parties it governs, primarily aircraft operators and owners. They must comply with the specified requirements within the stipulated timeframe, which typically involves conducting necessary inspections, repairs, or modifications to their aircraft. Failure to comply with the AD can result in the aircraft being deemed unairworthy, potentially leading to grounding until the necessary actions are taken. Additionally, operators must maintain records of compliance with the AD, which may be subject to inspection by CASA.
Breach of the AD can lead to civil and criminal consequences, including fines and potential imprisonment. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, which can be substantial depending on the severity and frequency of the breach. For criminal penalties, CASA can prosecute individuals or entities that willfully contravene the AD, which may result in fines of up to $275,000 for individuals and $1.375 million for corporations, along with imprisonment terms. These penalties underscore the importance of adhering to the AD to ensure the safety of air navigation.